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(4) Demonstrate and assure that development will be conducted using best management • practices; (5) Specify mitigation which will address water quality and stream buffer impacts; and (6) Contain other information requested by the program authority. (d) Each mitigation plan shall be evaluated by the program authority based on the following criteria: (1) Whether all reasonable alternatives to development in the stream buffer have been explored and exhausted; (2) Whether the development in the stream buffer is the minimum necessary and is to be conducted in a manner that will be least disruptive to the natural function of the stream buffer; and (3) Whether best management practices will effectively mitigate adverse impacts from the encroachment on the stream buffer and its natural functions. Sections 10-76 through 10-89 are reserved. ARTICLE V. STORM SEWER DISCHARGES Sec. 10-90. Findings and determinations. (a) Pollutants in stormwater from many sources are largely uncontrolled and have an adverse impact upon the quality of receiving waters. Major sources of stormwater that cause water quality impacts include construction sites, illicit connections, illegal discharges and industrial activities. • (b) Amendments to the federal Clean Water Act (CWA) in 1987 required the United States Environmental Protection Agency to establish National Pollutant Discharge Elimination System (NPDES) requirements for municipal separate storm sewer (MS4) systems. NPDES regulations require the City to control through ordinance, permit, contract or other available means (collectively, the city's "stormwater management program") the contribution of pollutants into waters of the United States. (c) This article is adopted as an integral part of the city's stormwater management program. 2See. 10-91. Discharges to the city's storm sewer system. (a) It shall be unlawful and a violation of this article to: (1) Cause or allow any illicit discharge to the city's storm sewer system; (2) Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer system, any such connections owned or authorized by the City prior to September 20, 2004; (3) Cause or allow any illicit connection to the city's storm sewer system; or (4) Violate any condition or provision of this article, or any permit or approval granted to allow any stormwater discharges to the city's storm sewer system. 2 In the event this Water Protection Ordinance moves forward to City Council for consideration and • approval, Chapter 31 of the City Code (Utilities), §31-191 (Discharges required to be through authorized connections) will need to be amended so that it complements the provisions of this proposed § 10-91. -29-